Senate Bill S6376

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6376--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor  --  recom-
   mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
   sec. 8 -- reported favorably from said committee and committed to  the
   Committee  on  Finance  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the workers' compensation law, in relation to  prohibit-
   ing insurance carriers and employers from withholding certain benefits
   from injured workers based on attachment to the labor market
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph w of subdivision 3 of section 15 of the  workers'
 compensation  law,  as  amended by section 1 of subpart A of part NNN of
 chapter 59 of the laws of 2017, is amended to read as follows:
   w. Other cases. In all other cases of  permanent  partial  disability,
 the  compensation  shall  be  sixty-six  and  two-thirds  percent of the
 difference between the injured employee's average weekly wages and  [his
 or  her] SUCH INJURED EMPLOYEE'S wage-earning capacity thereafter in the
 same employment or otherwise.  Compensation under this  paragraph  shall
 be  payable during the continuance of such permanent partial disability,
 [without the necessity for the claimant who is entitled to  benefits  at
 the  time  of  classification  to  demonstrate ongoing attachment to the
 labor market, but] subject to reconsideration  of  the  degree  of  such
 impairment  by  the  board  on its own motion or upon application of any
 party in interest however, all compensation payable under this paragraph
 shall not exceed (i) five hundred twenty-five weeks in  cases  in  which
 the  loss  of wage-earning capacity is greater than ninety-five percent;
 (ii) five hundred weeks in cases  in  which  the  loss  of  wage-earning
 capacity  is  greater  than ninety percent but not more than ninety-five
 percent; (iii) four hundred seventy-five weeks in  cases  in  which  the
 loss  of  wage-earning  capacity is greater than eighty-five percent but
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10555-02-6
              

 S. 6376--A                          2
 
 not more than ninety percent; (iv) four hundred fifty weeks in cases  in
 which  the  loss of wage-earning capacity is greater than eighty percent
 but not more than eighty-five  percent;  (v)  four  hundred  twenty-five
 weeks  in  cases  in  which the loss of wage-earning capacity is greater
 than seventy-five percent but not more than eighty  percent;  (vi)  four
 hundred  weeks  in  cases  in which the loss of wage-earning capacity is
 greater than seventy percent but not  more  than  seventy-five  percent;
 (vii)  three  hundred  seventy-five  weeks in cases in which the loss of
 wage-earning capacity is greater than sixty percent but  not  more  than
 seventy  percent; (viii) three hundred fifty weeks in cases in which the
 loss of wage-earning capacity is greater than fifty percent but not more
 than sixty percent; (ix) three hundred weeks in cases in which the  loss
 of wage-earning capacity is greater than forty percent but not more than
 fifty  percent; (x) two hundred seventy-five weeks in cases in which the
 loss of wage-earning capacity is greater than  thirty  percent  but  not
 more  than forty percent; (xi) two hundred fifty weeks in cases in which
 the loss of wage-earning capacity is greater than  fifteen  percent  but
 not more than thirty percent; and (xii) two hundred twenty-five weeks in
 cases  in  which the loss of wage-earning capacity is fifteen percent or
 less. For a claimant with a date of accident or  disablement  after  the
 effective  date of [the] SECTION ONE OF SUBPART A OF PART NNN OF chapter
 FIFTY-NINE of the laws of  two  thousand  seventeen  that  amended  this
 subdivision,  where  the  carrier  or employer has provided compensation
 pursuant to subdivision five of this section beyond one  hundred  thirty
 weeks  from the date of accident or disablement, all subsequent weeks in
 which compensation was paid shall be considered to be benefit weeks  for
 purposes  of this section, with the carrier or employer receiving credit
 for all such subsequent weeks against  the  amount  of  maximum  benefit
 weeks  when  permanent  partial  disability under this section is deter-
 mined. In the event of payment for intermittent temporary partial  disa-
 bility  paid after one hundred thirty weeks from the date of accident or
 disablement, such time shall be reduced to a number of weeks, for  which
 the carrier will receive a credit against the maximum benefit weeks. For
 a  claimant  with  a date of accident or disablement after the effective
 date of [the] SECTION ONE OF SUBPART A OF PART NNN OF chapter FIFTY-NINE
 of the laws of two thousand seventeen  that  amended  this  subdivision,
 when  permanency  is  at  issue,  and  a  claimant has submitted medical
 evidence that [he or she]  SUCH  CLAIMANT  is  not  at  maximum  medical
 improvement, and the carrier has produced or has had a reasonable oppor-
 tunity  to produce an independent medical examination concerning maximum
 medical improvement, and the board has determined that the  claimant  is
 not  yet at maximum medical improvement, the carrier shall not receive a
 credit for benefit weeks prior  to  a  finding  that  the  claimant  has
 reached  maximum  medical  improvement,  at which time the carrier shall
 receive credit for any weeks of temporary disability  paid  to  claimant
 after  such finding against the maximum benefit weeks awarded under this
 subdivision. For those claimants  classified  as  permanently  partially
 disabled  who  no  longer  receive  indemnity payments because they have
 surpassed  their  number  of  maximum  benefit  weeks,   the   following
 provisions will apply:
   (1)  There  will be a presumption that medical services shall continue
 notwithstanding the completion of the time period for  compensation  set
 forth  in this section and the burden of going forward and the burden of
 proof will lie with the carrier, self-insured employer or  state  insur-
 ance  fund in any application before the board to discontinue or suspend
 S. 6376--A                          3
 
 such services. Medical services will continue during the pendency of any
 such application and any appeals thereto.
   (2)  The board is directed to promulgate regulations that establish an
 independent review and appeal by an  outside  agent  or  entity  of  the
 board's  choosing  of  any  administrative  law judge's determination to
 discontinue or suspend medical services before a final determination  of
 the board.
   §  2.  Section 15 of the workers' compensation law is amended to add a
 new subdivision 10 to read as follows:
   10. EFFECT OF ATTACHMENT TO LABOR  MARKET.  BENEFITS  OR  COMPENSATION
 OTHERWISE  DUE  UNDER THIS SECTION SHALL NOT BE WITHHELD, DIMINISHED, OR
 CONDITIONED UPON AN INJURED WORKER'S DEMONSTRATION OF ATTACHMENT TO  THE
 LABOR MARKET.
   § 3. This act shall take effect immediately.